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BARNETT v. N.D. DEPT. OF HUMAN SERVICES

Civil No. 950386.

551 N.W.2d 557 (1996)

Eugene BARNETT, Claimant and Appellant, v. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES and Burleigh County Social Service Board, Respondents and Appellees.

Supreme Court of North Dakota.

June 27, 1996.

Attorney(s) appearing for the Case

Duane Houdek (argued), of Legal Assistance of ND, Bismarck, for claimant and appellant.

Candace Ann Prigge (argued), Assistant Attorney General, Attorney General's Office, Bismarck, for defendants and appellees.

MESCHKE, Justice.

We decide that someone who faces loss of food stamps must be allowed during the agency hearing to urge, even for the first time, the reasons why the agency should not cut off benefits. Eugene Barnett appealed from a judgment affirming a decision of the Department of Human Services stopping Barnett's food stamps for two months because he did not attend a scheduled employment orientation. We conclude the Department denied Barnett a fair hearing when...

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